IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Leave to Appeal under Section 5C of the High Court of the Provinces (Special Provisions) Act No. 54 of 2006.

AND NOW SC/Appeal/ 144/2019 In the matter of an application for substitution SC (HCCA) LA/58/2019 in the place of deceased 4^th Defendant-

Civil Appellate High Court No:

Respondent-Respondent EP/HCCA/TCO/FA208/17 Leave to Appeal Application No: Ven. Aludeniye Subodhi Thero, EP/HCCA/LA/39/16 Chief Incumbent, DC Muttur Case No:

Seruwila Mangala Raja Maha Viharaya, DC SPL/138/16 Seruwila.

Party sought to be substituted in place of the deceased 4th Defendant-Respondent- Respondent Ven. Munhene Meththarama Thero.

PETITIONER Vs.

1. Ven. Kotapola Amarakiththi Thero, Seruwila Buddhist Center, Shanthi Foundation, Bauddhaloka Mw, Colombo 07.

1^st DEFENDANT-PETITIONER-

APPELLANT-RESPONDENT

2. R.P. Sooriyapperuma, Chairman, Seruwila Mangala Maha Chaithyawardena Samithiya, Seruwila And No. 318/8, Shanthiwatta, Siyambalape.

3. G.P. Mataraarachchi, Secretary, Seruwila Mangala Maha Chaithyawardena Samithiya, Seruwila And No. 46, Madigodallawatta, Ruwanwella.

4. Liyanage Jayathunge Perera, Co-Secretary, Seruwila Mangala Maha Chaithyawardena Samithiya, Seruwila And No 330/30, Pulliadi, Trincomalee.

PLAINTIFF-RESPONDENT-

RESPONDENT-RESPONDENTS

1. Kapugollewe Anandakiththi Thero, Seruwila Mangala Raja Maha Viharaya, Seruwila And Jayasumanaramaya, Trincomalee.

2. Kithalagama Dhammalankara Thero, Seruwila Mangala Raja Maha Viharaya, Seruwila And Seruwila Buddhist Center, Shanthi Foundation, Bauddhaloka Mw, Colombo 07.

2nd and 3rd DEFENDANT-

PETITIONER- RESPONDENT -

RESPONDENTS Before: Buwaneka Aluwihare PC J Vijith K. Malalgoda PC J Mahinda Samayawardhena J Counsel: Manohara de Silva PC with Harithriya Kumarage and Kaveesha Gamage instructed by Anusha Perusinghe for the 1^st Defendant-

Petitioner-Petitioner.

Sanjeewa Jayawardena PC instructed by Amila Kumara for the Plaintiff-Respondent-Respondent.

Chathura Galhena with Dharani Weerasinghe instructed by Continental Law Associates for the 2^nd and 3^rd Defendant-

Petitioner-Respondents.

Palitha Kumarasinghe PC with Sanjeewa Dasanayake for the party sought to be substituted in place of the deceased 4^th Defendant-

Respondent-Respondent.

Written Submissions: Written submissions of the Plaintiff-Respondent-Respondents on 03.01.2023.

Written submissions of the 1^st Defendant-Petitioner-

Appellant-Petitioner on 16.12.2022.

Written Submissions of the Petitioner sought to be substituted in place of the deceased 4^th Defendant-Respondent-

Respondent on 15.12.2022.

Considered on: 09.01.2023 Decided on: 31.10.2023 ORDER Aluwihare PC. J, The present order is concerned with whether the Petitioner, Ven. Aludeniye Subodhi Thero can be substituted in the room and place of the deceased 4^th Defendant- Respondent-Respondent, Ven. Munhene Meththarama Thero (hereinafter referred to as the 4^th Defendant) in the instant case. The 4^th Defendant was the Viharadhipathi (Chief Incumbent) of the Seruwila Mangala Raja Maha Viharaya in Trincomalee until his expiration on 11^th May 2021.

The Petitioner is purporting to be the 4^th Defendant’s successor as the Viharadhipathi, having been appointed by a group of laymen representing the Seruwila Mangala Maha Chaithyawardena Society (hereinafter the ‘Chaithyawardena Society’). Whereas the 1st Defendant-Petitioner-Appellant-Respondent (hereinafter the 1st Respondent) claims that he was appointed as the Viharadhipathi by the Chief Prelate of the Kalyanawansa Sect of the Amarapura Chapter as per the powers vested on the Chief Prelate in terms of the Constitution of the Kalyanawansa Sect (as supported by letter of the Commissioner General of Buddhist Affairs marked ‘D2A’ which states that the appointment of the 1^st Respondent was accepted by the Commissioner General).

The main application of the instant matter arises from the following events. When Ven. Seruwila Saranakiththi Thero, in the role of Viharadhipathi, wa